SANJAY ASRI AND SANDHYA ASRI vs VATIKA LTD.

File has been received on transfer from Adjudicating Officer in view of the judgment dated 11.11.2021 passed by the Apex Court in the case bearing no. SLP(Civil) No(s). 3711­3715 OF 2021) titled as M/s Newtech Promoters and Developers Pvt Ltd Versus State of U.P. and Ors., and wherein it was held that as matters regarding refund and interest under section 18(1) are to be decided by the authority and matters regarding adjudging compensation to be decided by the Adjudicating officer. The complaint has been received on 16.04.2021. The counsel for respondent, Shri C.K. Sharma Advocate has appeared on behalf of the respondent. However, no reply has been filed till date. The counsel for the respondent seeks a short adjournment for amicable settlement of the matter with the complainant and if the settlement does not happen in four weeks, the case shall be taken up for pronouncement of order as reply from the respondent has already been received and is available on the record. Matter to come up on  10.11.2022 for further proceedings.

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.File be transferred to the Authority.  Reader is directed to send the file immediately.

Adjournment is requested on behalf of respondent to file written reply.  Request is opposed by the learned counsel for complainant. According to him, notice upon the respondent has already been served on 25.03.2021. in the interest of justice, adjournment is granted subject to cost of Rs.5,000/- to be paid to the complainant. Let reply be filed within three weeks (as requested) with an advance copy to the complainant. 2.                      To come on 14.03.2022 for arguments.

Due to increase in the Covid-19 cases in and around the area of the Authority and lockdown in the State, the case is not being taken up for hearing. Hence, as per directions of the Hon’ble Authority, it is being adjourned to 06.09.2021 for the proceedings already fixed. 2.         Both the parties be informed accordingly through e-mail.